Williams and Williams

[2007] FamCA 39

FAMILY COURT OF AUSTRALIA

WILLIAMS & WILLIAMS [2007] FamCA 39

FAMILY LAW - CHILDREN - Best interests

APPLICANT: MR WILLIAMS

RESPONDENT MOTHER: MS WILLIAMS

RESPONDENT FATHER: MR EVANS

FILE NUMBER: NCF 730 of 2006

DATE DELIVERED: 22 January 2007

PLACE DELIVERED: Newcastle

JUDGMENT OF: MULLANE J

HEARING DATE: 22 January 2007

REPRESENTATION

THE APPLICANT MATERNAL GRANDFATHER: The maternal grandfather in person

THE RESPONDENT MOTHER: The respondent mother in person

THE RESPONDENT FATHER: The respondent father in person

Orders

1. Service of the application or any other documents on the father is dispensed with.

1. The child J is to live with Mr W, the grandfather.

1. The grandfather is to have parental responsibility for all decisions concerning the care and welfare and development of J.

1. J is to spend time with his mother as agreed between the grandparents.

FAMILY COURT OF AUSTRALIA AT NEWCASTLE

FILE NUMBER: NCF 730  of 2006

MR WILLIAMS

Applicant maternal grandfather

And

MS WILLIAMS

Respondent mother

And

MR EVANS

Respondent father

REASONS FOR JUDGMENT

INTRODUCTION

1. This is an application by the maternal grandfather for orders regarding the care, welfare and development of a child J who is 9 years old.

EVIDENCE

1. The documents I have read comprise the which was filed on 27 November 2006, an Affidavit of Service in relation to service on the mother on 28 November 2006, an Acknowledgement of Service that she signed, the affidavit of the applicant in support of the application sworn on 5 December 2006 and a further affidavit by the applicant sworn 27 November 2006 and also a document titled Consent Orders, signed by the applicant and the mother and also the memorandum from the counselling service in relation to the conference between the maternal grandfather and the mother on 9 January 2007 and in addition there is a document headed Consent Orders, as I said, signed by the mother and the maternal grandfather.

SERVICE OF DOCUMENTS

1. The father separated from the mother before the birth of J and has not seen J since.  He does not know J and despite efforts by the maternal grandfather to locate the father has been unsuccessful and his whereabouts are not known.  Service of documents on the father should be dispensed with.

2. In relation to the mother, the evidence establishes that she has been served and she has not filed any response opposing the application.  She has contacted the Court and advised that she is currently in a rehabilitation facility for 12 months and is locked down for two weeks and unable to attend, but she has already agreed to the orders.  She is available by telephone if required. 

CONCLUSIONS

1. I accept the evidence before me.   I am satisfied that the orders sought are in the best interests of the child J. 

I certify that the preceding five (5) paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Mullane

Associate: 

Date:   6 February 2007 

IT IS NOTED that this judgment for all publication and reporting purposes be referred to as WILLIAMS & WILLIAMS & ANOR